JACKSONVILLE, Fla. — The video attached to this story is from a previous, related report.
The mother of a man shot by a Jacksonville sheriff's officer in April 2022 is suing the officer involved and the City of Jacksonville. The complaint, filed in federal court Monday, says that Officer Richard C. Samples, III, violated the Constitution, JSO policies and "his own training," by "improperly and unnecessarily escalat(ing) a non-emergency situation."
Kevin Mahan, 43, was shot and killed by Samples, who was not identified at the time, on April 21, 2022. Police responded to reports of a mentally ill person who was vandalizing homes. Police found him in a wooded area on Jacksonville's Westside, wielding what JSO described as a "hatchet."
The lawsuit says Mahan did nothing to place Samples, or anyone else, in "imminent danger of great bodily harm."
Samples could be heard in bodycam footage telling Mahan to put down the ax four times. At the time, First Coast News Crime & Safety Expert Kim Varner said because Mahan was mentally ill, officers should have attempted to talk him down. "'Drop the ax' ain't talking to him," Varner said.
In the lawsuit, Mahan's mother Kathy Mahan says she told officers that her son had a substance abuse disorder and mental health problems. She said he was causing a "minor disturbance" on property that was owned by her family. The lawsuit says Mahan's husband, neighbor and nephew all also told officers this.
The lawsuit said Kevin Mahan was by himself with the hatchet, and "often chopped wood on the property... when he was having a substance abuse or mental health issue." It also says that Mahan never threatened the officer.
During the altercation, Samples shot Mahan in the head.
His family says it was within eleven seconds of first confronting and yelling at Kevin.
The lawsuit says using deadly force against Mahan was negligent and not reasonable.
The accusations are summarized at the end of the lawsuit, saying that the city and Samples:
- Intentionally shot Kevin without lawful justification;
- Discharged a weapon in such as manner as to shoot Kevin without lawful justification;
- Used excessive and unreasonable force;
- Failed to exercise the proper level of force that was warranted under the circumstances;
- Failed to properly respond to the situation, failed to properly de-escalate the situation, and failed to properly defuse the situation, without resorting to deadly force
- Shot Kevin when there was no reasonable belief that deadly force was necessary to prevent death or great bodily harm to anyone;
- Acted inconsistently with and/or violated applicable law enforcement standards, including but not limited to City of Jacksonville, Florida standards as they relate to the use of force and/or deadly force;
- Acted inconsistently with and/or violated their own training and their own standard operating procedures; and
- Were otherwise negligent by acting with careless and/or reckless disregard for the heath and safety of Kevin
Kathy and her husband Lee Mahan shared the following statement with First Coast News in regards to the lawsuit:
"We are Kathy and Lee Mahan, the parents of Kevin Mahan.
On April 21, 2022, our son, Kevin needed help. He was experiencing a mental health crisis.
Kevin was standing alone in a wooded area on our family property. We witnessed Officer Samples aggressively rush towards our son with his weapon drawn.
We stood in stunned disbelief as we watched, with crushing devastation, the violent death of our beloved son. The impact of this grievous act has left our family’s hearts inconsolably shattered.
It only took 20 seconds from the first moment Officer Samples laid eyes on our son to make the irreversible decision to end his life.
We trusted that a mental health crisis would be handled with humanity and compassion instead of the callous inhumane violence that we were forced to witness.
On April 21, 2022, our son, Kevin, needed help. And now he is gone. This is a wound that will never heal.
Because of Officer’s Samples impulsive, reckless decision to take the life of our son, our family will never be whole again. We will never again, in this life, get to feel Kevin’s kind, gentle, sweet spirit.
Some of the unfairness in this life will be made right and some won’t. But we believe that all things will be made right through Christ."
First Coast News reached out to the city of Jacksonville and the Jacksonville Sheriff's Office after hours Monday.
On Tuesday, JSO says due to possible pending litigation, they are unable to comment on this incident, lawsuit and Samples' current employment status.
The COJ's Chief Communications Officer Phil Perry said in a statement: "We are unable to comment on pending litigation, and we refer you to JSO for the question about Officer Samples’ employment status."